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Summary Barrister Training Course - Civil Litigation and Evidence Notes: Overriding Principles & Pre-Action Conduct and Protocol & Burden of Proof £2.99
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Summary Barrister Training Course - Civil Litigation and Evidence Notes: Overriding Principles & Pre-Action Conduct and Protocol & Burden of Proof

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Save your precious time by skipping the hassle of creating your own notes! These comprehensive Civil Litigation and Evidence Notes (not in a flowchart style) are in accordance with the Bar Training Syllabus 2023/2024 . I've split the content into various parts, and at the moment, I'm working on upd...

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  • February 4, 2024
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Civil Litigation and Evidence: Bar Training Syllabus
General Matters & Burden of Proof
GENERAL MATTERS

Rule 1.1 - The Overriding Objective

(1) These Rules are a new procedural code with the overriding objective of
enabling the court to deal with cases justly and at proportionate cost.

(2) Dealing with a case justly and at proportionate cost includes, so far as is
practicable —
(a) ensuring that the parties are on:-
(i) an equal footing; and can participate fully in proceedings; and
witnesses can give their best evidence;

(b) saving expense;

(c) dealing with the case in ways which are proportionate—
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly;

(e) allotting to it an appropriate share of the court’s resources, while
taking into account the need to allot resources to other cases; and

(f) enforcing compliance with rules, practice directions and orders.


Rule 1.2 – Application by the court of the Overriding Objective

 The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by the Rules; or

(b) interprets any rule,
subject to rules 76.2, 79.2, 80.2, 82.2 and 88.2.

Rule 1.3 – Duty of the Parties

 The parties are required to help the court to further the overriding
objective.



Rule 1.4 – the Duty of the Court to Manage Cases

(1) The court must further the overriding objective by actively managing
cases.

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